NOTICE OF DECISION TO GRANT A SPECIAL EXPORT PERMIT UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that that on 4 February 2015, a permit (AUH 143041D) was granted to Certified Destruction Services Pty Ltd, trading as CDS Recycling (ABN 86 146 007 490), 1359 Kingsford Smith Drive, Pinkenba, QLD 4009 (Telephone: +61 07 3268 1828; Facsimile: +61 07 3268 3891).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is crushed, mixed (leaded and unleaded) cathode ray tube glass (Basel Code: A2010);
(b) the quantity of the waste to be exported is a maximum of 1800 tonnes in up to four (4) shipments;
(c) the waste is to be packed in one tonne polypropylene bags and placed into shipping containers;
(d) the waste is to be exported by sea from Brisbane and will travel direct to the Port of Busan in the Republic of Korea;
(e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds at the Korea Zinc Co. Ltd recovery facility at 542 Gangnam-daero, Gangnam-gu, Seoul, Korea;
(f) no shipment is authorised under this permit before the date above or after 31 October 2015.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Acting Assistant Secretary
Waste Policy Branch
Department of the Environment
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city,
as listed under Commonwealth Government Section in the White Pages. Further enquiries should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of improper exportation of hazardous waste, which can have detrimental effects on both the environment and public health. This Act was introduced by the Commonwealth Parliament to regulate the export and import of hazardous waste, ensuring that such waste is managed responsibly and in accordance with international standards. The primary policy objective of this legislation is to prevent the transboundary movement of hazardous waste into countries that lack the technological and managerial capabilities to handle such waste safely. The granting of special export permits, as seen in the notice for Certified Destruction Services Pty Ltd, exemplifies the Act's role in facilitating controlled and environmentally sound management of hazardous waste exports.
Scope and Application
The notice provided under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 outlines the grant of a special export permit to Certified Destruction Services Pty Ltd, trading as CDS Recycling, for the export of up to 1800 tonnes of crushed, mixed cathode ray tube glass, classified under Basel Code A2010, to the Republic of Korea for recycling. This permit is applicable to the specific entity and its operations, limiting the scope of the exported waste to the described type and quantity, with a defined timeline and disposal method at a specified facility. The permit is bound by conditions and restrictions outlined by the Department of the Environment, which include the use of one-tonne polypropylene bags for packaging and shipping containers, the method of transport, and the authorised shipment period from February 4, 2015, until October 31, 2015. The Act applies to entities engaged in the export of hazardous waste, ensuring compliance with environmental regulations and international agreements. The permit's jurisdiction extends federally, overseen by the Commonwealth government, with the Department of the Environment holding the authority to enforce compliance and issue permits. The notice also provides recourse for affected parties, allowing for requests for reasons behind the permit decision and applications for independent review under the Administrative Appeals Tribunal Act 1975.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, a special export permit (AUH 143041D) was granted to Certified Destruction Services Pty Ltd, trading as CDS Recycling, effective 4 February 2015. This permit allows for the export of up to 1800 tonnes of crushed, mixed cathode ray tube glass, categorised under Basel Code A2010, in up to four shipments. The waste is to be packed in one-tonne polypropylene bags and transported by sea from Brisbane to the Port of Busan in the Republic of Korea, with the final destination being the Korea Zinc Co. Ltd recovery facility in Seoul. The export is authorised for recycling operations only and must be completed by 31 October 2015. This permit comes with specific conditions that must be adhered to.
The Act imposes several obligations on the permit holder, Certified Destruction Services Pty Ltd. These include ensuring that the hazardous waste is correctly identified, packed, and labelled according to the permit's specifications. They must also ensure that the waste is transported and disposed of in compliance with the permit's conditions and the Basel Convention, which governs the transboundary movement of hazardous waste. The permit holder must keep records of all shipments and disposal activities, and these records must be made available for inspection by authorised officers. Additionally, the permit holder is responsible for ensuring that the waste does not pose a risk to human health or the environment during transport and disposal.
Failure to comply with the conditions of the permit, or any other requirements under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, may result in legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a specified amount for each offence, while criminal penalties may include fines and imprisonment. For instance, knowingly making a false or misleading statement in an application for a permit can lead to fines of up to $220,000 for individuals or $1,100,000 for corporations, along with potential imprisonment. It is essential for the permit holder to strictly adhere to all the stipulated conditions to avoid these consequences.